The purpose of establishing a Special Use Permit process is to ensure that a proposed use is conducted in a manner that is harmonious and compatible with uses located on the same or surrounding properties. The process recognizes that, within a given zoning district, certain uses may be appropriate and compatible in some locations but not in others. The Special Use Permit process allows a site-specific inquiry into the compatibility of a proposed use at a particular location, taking into account: the characteristics of the site and the surroundings; the relevant zoning and planning principles; and the input of the reviewing parties.
(a) Authority. The Board of Zoning Appeals shall have the authority to approve, approve with conditions, or deny an application for a Special Use Permit, and the decision is final.
(b) Appeals. Decisions may be appealed by the applicant or directly impacted party to the Court of Common Pleas.
(c) Application. Applications are available and processed by the Planning & Zoning Administrator or designee.
(d) Previous Special Use Permits. If a Special Use Permit has been denied, the use that was denied may not be re-applied for, at the same location, until twelve full months have passed since the final denial date.
(e) Precedents. The fact that a Special Use Permit for the same or similar use has been granted previously for the subject property or nearby property is a factor to be considered, but is not determinative.
(f) Burden of Proof. The applicant bears the burden of proof to establish that the approval of a Special Use Permit is warranted.
(g) Expiration. A Special Use Permit will expire when the use ceases at the location for six continuous months where issued and/or when majority ownership changes.
(h) Determinations. In order to approve a proposed Special Use Permit application, the Board of Zoning Appeals must determine that:
(1) The proposed use can be conducted in a manner that is harmonious and compatible with existing surrounding land uses, and with future surrounding land uses as projected by the General Plan.
(2) The subject site is physically suitable for the type and intensity of land use being proposed;
(3) Street or highway facilities providing access to the property are or will be adequate in size to meet the requirements of the proposed use; and
(4) Approval of the Special Use Permit at the site in question will not be inconsistent with or compromise the public health, safety and welfare or the overall objectives of the Comprehensive Plan.
(Ord. 18-76. Passed 7-23-18.)